LAWS(KER)-2012-11-630

THOMAS Vs. SHAIJU PAUL

Decided On November 22, 2012
THOMAS Appellant
V/S
Shaiju Paul Respondents

JUDGEMENT

(1.) THIS appeal is filed by the petitioner in O.P. (MV) No. 205 of 2006 on the file of the Motor Accidents Claims Tribunal, Perumbavoor. The case of the petitioner in the O.P. (MV) is briefly as follows : On 5.10.2005 at about 12.15 p.m., the petitioner was riding a Scooter through Mannoor -Vengola PWD road in east -west direction and when he reached at Valayanchirangara, a bus bearing Registration No. KL -7/M -5366 driven by the first respondent in a rash and negligent manner hit on the Scooter, as a result of which, the petitioner sustained serious injuries. The second respondent was the owner of the bus and the third respondent was the insurer. The petitioner claimed Rs. 10,00,000/ - as compensation.

(2.) RESPONDENTS 1 and 2 remained ex parte. The third respondent filed written statement admitting the policy of the bus and contended that the accident was not due to negligence of the first respondent and that the compensation claimed is excessive.

(3.) HEARD the learned counsel for the appellant and the learned counsel appearing for the Insurance Company.